BILL NUMBER: SB 1688 CHAPTERED
BILL TEXT
CHAPTER 448
FILED WITH SECRETARY OF STATE SEPTEMBER 13, 1996
APPROVED BY GOVERNOR SEPTEMBER 12, 1996
PASSED THE SENATE AUGUST 27, 1996
PASSED THE ASSEMBLY AUGUST 21, 1996
AMENDED IN ASSEMBLY AUGUST 19, 1996
AMENDED IN ASSEMBLY JULY 10, 1996
AMENDED IN SENATE MAY 21, 1996
AMENDED IN SENATE MAY 1, 1996
AMENDED IN SENATE APRIL 15, 1996
INTRODUCED BY Senator Marks
FEBRUARY 21, 1996
An act to add Sections 1524.7 and 1569.159 to the Health and
Safety Code, and to amend Section 2881 of the Public Utilities Code,
relating to residential care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1688, Marks. Residential care facilities.
Existing law requires the Public Utilities Commission to design
and implement a program whereby each telephone corporation provides a
telecommunications device for individuals who are certified as deaf
or hearing impaired, and organizations that represent those
individuals as determined by the commission, and a program whereby
specialized or supplemental telephone communications equipment may be
provided to subscribers who are certified to be disabled. Existing
law authorizes the commission to impose a surcharge, until January 1,
1997, to pay for the costs of this program. Existing law requires
that the certification of disability be made by a licensed physician
and surgeon, or by a qualified state agency.
This bill would extend the authority for the surcharge until
January 1, 2001.
Existing law provides for the licensure of residential care
facilities and residential care facilities for the elderly by the
State Department of Social Services. Existing law makes a violation
of these provisions a misdemeanor.
This bill would require the department to provide to residential
care facilities and residential care facilities for the elderly a
form, containing certain prescribed information, notifying the
resident that he or she is entitled to obtain services and equipment
for the deaf, hearing impaired, or disabled from the telephone
company. It would require the facilities to attach the form to each
resident admission agreement.
By imposing this requirement on residential care facilities and
residential care facilities for the elderly, this bill would change
the definition of a crime, thereby imposing a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1524.7 is added to the Health and Safety Code,
to read:
1524.7. The State Department of Social Services shall provide to
residential care facilities a form, which the residential care
facility shall attach to each resident admission agreement, notifying
the resident that he or she is entitled to obtain services and
equipment from the telephone company. The form shall include the
following information:
"Any hearing or speech impaired, or otherwise disabled resident of
any residential care facility is entitled to equipment and service
by the telephone company, pursuant to Section 2881 of the Public
Utilities Code, to improve the quality of their telecommunications.
Any resident who has a declaration from a licensed professional or a
state or federal agency pursuant to Section 2881 of the Public
Utilities Code that he or she is hearing or speech impaired, or
otherwise disabled should contact the local telephone company and ask
for assistance in obtaining this equipment and service."
This section shall not be construed to require, in any way, the
licensee to provide a separate telephone line for any resident.
SEC. 2. Section 1569.159 is added to the Health and Safety Code,
immediately after Section 1569.158, to read:
1569.159. The State Department of Social Services shall provide
to residential care facilities for the elderly a form, which the
residential care facility for the elderly shall attach to each
resident admission agreement, notifying the resident that he or she
is entitled to obtain services and equipment from the telephone
company. The form shall include the following information:
"Any hearing or speech impaired, or otherwise disabled resident of
any residential care facility for the elderly is entitled to
equipment and service by the telephone company, pursuant to Section
2881 of the Public Utilities Code, to improve the quality of their
telecommunications. Any resident who has a declaration from a
licensed professional, or a state or federal agency pursuant to
Section 2881 of the Public Utilities Code, that he or she is hearing
or speech impaired, or otherwise disabled should contact the local
telephone company and ask for assistance in obtaining this equipment
and service."
This section shall not be construed to require, in any way, the
licensee to provide a separate telephone line for any resident.
SEC. 3. Section 2881 of the Public Utilities Code is amended to
read:
2881. (a) The commission shall design and implement a program
whereby each telephone corporation shall provide a telecommunications
device capable of serving the needs of individuals who are deaf or
hearing impaired, together with a single party line, at no charge
additional to the basic exchange rate, to any subscriber who is
certified as an individual who is deaf or hearing impaired by a
licensed physician and surgeon, audiologist, or a qualified state or
federal agency, as determined by the commission, and to any
subscriber that is an organization representing individuals who are
deaf or hearing impaired, as determined and specified by the
commission pursuant to subdivision (e). A licensed hearing aid
dispenser may recommend an individual to a licensed physician and
surgeon or audiologist for purposes of participation in the program.
(b) The commission shall also design and implement a program
whereby each telephone corporation shall provide a dual-party relay
system, using third-party intervention to connect individuals who are
deaf or hearing impaired and offices of organizations representing
individuals who are deaf or hearing impaired, as determined and
specified by the commission pursuant to subdivision (e), with persons
of normal hearing by way of intercommunications devices for
individuals who are deaf or hearing impaired and the telephone
system, making available reasonable access of all phases of public
telephone service to telephone subscribers who are deaf or hearing
impaired. In order to make a dual-party relay system that will meet
the requirements of individuals who are deaf or hearing impaired
available at a reasonable cost, the commission shall initiate an
investigation, conduct public hearings to determine the most
cost-effective method of providing dual-party relay service to the
deaf or hearing impaired when using a telecommunications device, and
solicit the advice, counsel, and physical assistance of statewide
nonprofit consumer organizations of the deaf, during the development
and implementation of the system. The commission shall phase in this
program, on a geographical basis, over a three-year period ending on
January 1, 1987. The commission shall apply for certification of
this program under rules adopted by the Federal Communications
Commission pursuant to Section 401 of the Americans with Disabilities
Act of 1990 (Public Law 101-336).
(c) The commission shall also design and implement a program
whereby specialized or supplemental telephone communications
equipment may be provided to subscribers who are certified to be
disabled at no charge additional to the basic exchange rate. The
certification, including a statement of medical need for specialized
telecommunications equipment, shall be provided by a licensed
physician and surgeon acting within the scope of practice of his or
her license, or by a qualified state or federal agency as determined
by the commission. The commission shall, in this connection, study
the feasibility of, and implement if determined to be feasible,
personal income criteria, in addition to the certification of
disability, for determining a subscriber's eligibility under this
subdivision.
(d) The commission shall establish a rate recovery mechanism
through a surcharge not to exceed one-half of 1 percent uniformly
applied to a subscriber's intrastate telephone service, other than
one-way radio paging service and universal telephone service, both
within a service area and between service areas, to allow telephone
corporations to recover costs as they are incurred under this
section. The surcharge shall be in effect until January 1, 2001.
The commission shall require that the programs implemented under this
section be identified on subscribers' bills, and shall establish a
fund and require separate accounting for each of the programs
implemented under this section.
(e) The commission shall determine and specify those statewide
organizations representing the deaf or hearing impaired which shall
receive a telecommunications device pursuant to subdivision (a) or a
dual-party relay system pursuant to subdivision (b), or both, and in
which offices the equipment shall be installed in the case of an
organization having more than one office. The commission shall
direct the telephone corporations subject to its jurisdiction to
comply with its determinations and specifications in this regard.
(f) The commission shall annually review the surcharge level and
the balances in the funds established pursuant to subdivision (d).
Until January 1, 2001, the commission shall be authorized to make,
within the limits set by subdivision (d), any necessary adjustments
to the surcharge to ensure that the programs supported thereby are
adequately funded and that the fund balances are not excessive. A
fund balance which is projected to exceed six months' worth of
projected expenses at the end of the fiscal year is excessive.
(g) The commission shall prepare and submit to the Legislature, on
or before December 31, 1988, and annually thereafter, a report on
the fiscal status of the programs established and funded pursuant to
this section and Sections 2881.1 and 2881.2. The report shall
include a statement of the surcharge level established pursuant to
subdivision (d) and revenues produced by the surcharge, an accounting
of program expenses, and an evaluation of options for controlling
those expenses and increasing program efficiency, including, but not
limited to, all of the following proposals:
(1) The establishment of a means test for persons to qualify for
program equipment or free or reduced charges for the use of
telecommunication services.
(2) If and to the extent not prohibited under Section 401 of the
Americans with Disabilities Act of 1990 (Public Law 101-336), the
imposition of limits or other restrictions on maximum usage levels
for the relay service, which shall include the development of a
program to provide basic communications requirements to all relay
users at discounted rates, including discounted toll call rates, and,
for usage in excess of those basic requirements, at rates which
recover the full costs of service.
(3) More efficient means for obtaining and distributing equipment
to qualified subscribers.
(4) The establishment of quality standards for increasing the
efficiency of the relay system.
(h) In order to continue to meet the access needs of individuals
with functional limitations of hearing, vision, movement,
manipulation, speech and interpretation of information, the
commission shall perform ongoing assessment of, and if appropriate,
expand the scope of the program to allow for additional access
capability consistent with evolving telecommunications technology.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIIIB of the California
Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.